Independent Child Sexual Abuse Inquiry WILL investigate the late Greville Janner and whether there was a cover up

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Lord Janner Image courtesy BBC

The independent inquiry into child sexual abuse has decided to go ahead with a wide ranging inquiry into allegations that the late Greville Janner was involved in child sexual abuse and whether the Labour Party, the intelligence services, Parliament and government departments could have been involved in a cover up.

The decision, announced on the inquiry’s website, comes despite strong objections from Lord Janner’s family and a plea from retired  Assistant Chief Constable Tony Butler, from Leicestershire Police  to halt investigations immediately.

The terms of the inquiry are set out in a full statement  from Alexis Jay, chair of the inquiry here but the full terms are worth repeating in full.

” 1. The Inquiry will investigate institutional responses to allegations of child sexual abuse involving the late Lord Janner of Braunstone QC (“Lord Janner”).
2. In particular, the Inquiry will consider
2.1. the adequacy and propriety of law enforcement investigations and prosecutorial decisions relating to allegations falling within paragraph 1 above;
2.2. the extent to which Leicestershire County Council and the Kirkwood Inquiry were awareof allegations falling within paragraph 1 and the adequacy of their response;
2.3. the extent to which the Labour Party, Parliament, government departments, and/or the security and intelligence agencies were aware of allegations falling within paragraph 1 and the adequacy of their response;
2.4. the extent to which any other public or private institution may have failed in its duty to protect children from sexual abuse in respect of the allegations falling with paragraph 1;
2.5 whether any attempts were made to exert improper influence in order to hinder or prevent an institution from effectively investigating or otherwise responding to allegations falling within paragraph 1.
3. In light of the investigations set out above, the Inquiry will publish a report setting out its findings and recommendations to improve child protection and safeguarding in England and Wales. ”

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Daniel Janner QC Pic credit: http://www.regulatorycriminallawyers.co.uk

In a series of private meetings Lord Janner’s three children, Daniel Janner QC,Marion Janner OBE and Rabbi LauraJanner-Klausner,  objected to further inquiries while they were pursuing cases against people who had claimed they were sexual abused by him in the civil courts.

They two daughters argued: “The Janner family and Estate remains energetically opposed to the singling out of an innocent, dead man for a paradigm case study that will, necessarily, be based on incomplete and distorted information.

“It is a further insult to Lord Janner’s posthumous reputation with consequential cost to the Janner Family and Estate, including devastating emotional upset.
It would be more representative to pick a prominent person from public life as the paradigm who is either alive,or has been subject to a prosecution process (whether convicted, or not).”

Daniel Janner argued:“the decision on whether to hold the investigation and whether it should be part of the Westminster strand should be put on hold pending the outcome of the civil case and IPCC.”  He insisted that his father was innocent.

There was also an attempt by the Janner family to have one member of the panel, Dru Sharpling removed from this particular inquiry, on the grounds that she could have a conflict of interest having worked for the Crown Prosecution Service and HM Inspector of Constabulary, but this was rejected by Amber Rudd, the home secretary.

But the strongest objection came from the former assistant chief constable of Leicestershire Tony Butler, who wanted the inquiry stopped.

He argued:”this particular investigation is unlikely, by virtue of temporal scope, number
of institutions involved or as a paradigm of the “pendulum effect”, to contribute
any unique or unusual feature”

He claimed all previous inquiries had already established what needed to be done in Leicestershire – during the time Frank Beck, who was found guilty of numerous child sex abuse attacks – in the 1990s. This is quite evidently not the case as the excellent book Abuse of Trust by  Paul Gosling and Mark D’Arcy which examined the Beck scandal reveals.

But this was rejected by alleged victims of child sexual abuse and counsel to the inquiry and their view prevailed.

I am very pleased with the decision particularly now it is known that the scope of the inquiry will be wide ranging. It is equally important that the inquiry looks at whole picture surrounding the allegations of child sexual abuse against Lord Janner which means delving into the Labour Party, Parliament, the security services and Whitehall and also forensically investigating whether there were further cover up. if they appear to be true.

So I applaud Alexis Jay for pursuing this against a background where some newspapers would rather it was not investigated.

 

Why the children of Greville Janner believe he must be innocent of 33 child sex abuse allegations

lord janner

Lord Janner Image courtesy BBC

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Earlier this blog ran a piece highlighting why  I believed on the basis of current investigations and recent inquiries that Daniel Janner must be wrong to say that all the cases of alleged child sex abuse against his father, Greville, are fabricated.

I sent him the blog. He came back to me to put his case and released some documents including one sent to the child sexual abuse inquiry. He did not put me under any pressure to write anything else.

In the interests of transparency and fairness I think it worth reporting what the family think. Daniel Janner tells me his views reflect the views of his sisters,Marion and  Rabbi Laura Janner-Klausner. I am not saying I agree with them but I am saying that if and when the cases are examined by Independent Inquiry into Child Sexual Abuse they have to be handled with care. The inquiry will have to ask  searching questions as to why they were not raised all that time ago.

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Daniel Janner QC Pic credit: http://www.regulatorycriminallawyers.co.uk

Daniel Janner points out that the original allegations against his father were raised by the notorious paedophile Frank Beck  during his trial. As the excellent book I reviewed earlier, Abuse of Trust, reveals Beck was a sadistic, manipulative character who conned a weakly run Leicestershire social services department and the local Liberal Party into believing he had a magic touch in dealing with seriously disturbed children. Therefore he would and could manipulate  survivors at the time.

Daniel Janner’s case is that during the original  police investigation into Beck his father’s name was never mentioned despite 400 people being interviewed ( it was the first serious police investigation into child sex abuse). He also has a statement from a convicted burglar who shared a cell with Beck who says Beck planned to  falsely drag Greville Janner into the allegations against him before he stood trial.

He is particularly disparaging of  the claims of one of the survivors – who also made allegations against Janner  at the time- and points out discrepancies into the claims  made by other survivors. In one case, he produced a copy of his father’s passport to show that he was in Australia when an alleged offence took place. In another case in Scotland he says his visit was much shorter than alleged.

He also says as he had the power of attorney for his father, who had Alzeheimers before he died, he has reviewed all the evidence supplied by the Crown Prosecution Service  for the trial that was abandoned against him and in his view none of it stood up. When pressed to explain why there are 33 people making allegations his father, he says a number  of them are a conspiracy which has become a bandwagon aimed to claim money against his father’s estate.

There are at least six claimants – according to  the document submitted by his solicitors  to the inquiry – claiming compensation from the estate.

He wants them to face a civil trial where ” the Estate will be able to examine the claimant’s overall credibility, the consistency of the allegations,the reasons for the delay in bringing the claims and the authenticity of any psychiatric symptoms that are now alleged to have been caused by the abuse.”

“The Estate will also be able to explore the effect of the delay on the evidence, in particular the absence of any earlier accounts by the claimants, the effect of missing witnesses and documents and the effect on memories of the passage of time.”

He says none of this will be possible in the inquiry which could then issue a finding of fact against Janner and the letter to the inquiry from his solicitor says: ” factual findings…will prejudice the Estate’s position in any civil claims, which would be unjust.”

His family’s decision not to become ” a core participant ” in the inquiry – someone entitled to all the documents and to mount a response- does place the inquiry in difficulty.

But he is also taking a risk in the civil court. A criminal court would have acquitted Janner if there had been any  reasonable doubt about the evidence against him. A civil court will have to decide on the ” balance of probabilities” which is a lesser level of proof.

They also have a position where the Criminal Prosecution Services decided there was a case to answer and  the original police investigation which found no evidence is now under investigation by the Independent Police Complaints Commission. None of those points are in Janner’s favour.

That is why  for both the family’s sake and the survivors’ sake in my view  there needs to be a thorough investigation.

 

 

 

 

 

 

 

 

 

 

Daniel Janner is wrong to say all allegations of child sex abuse against his father must be fabricated

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Lord Janner Image courtesy BBC

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There is nothing more understandable than a son and a daughter wanting to clear their father’s name of serious unproven allegations after he is no longer here to defend himself.Particularly if the allegations concern such a heinous crime as child sex abuse.

And their father Greville  was a national figure with a huge reputation as a fighter for reparations for the victims of the Holocaust.

However  his son Daniel Janner, himself a prominent barrister, has gone over the top in deciding that the Independent Inquiry into Child Sex Abuse cannot examine the allegations against his father.

He told the BBC that all the claims  against the late Lord Janner by 33 people were fabricated, the police investigations into claims against his father were ” rubbish” and that the people concerned had colluded with each other to make false allegations.

For good measure he added that people were motivated by getting compensation and that he knew his father was totally innocent of all charges and had never been convicted of anything. He claimed the inquiry would be discrediting itself by looking into his father because the people making the claims would not be properly cross examined.by a barrister who would presumably accuse them all of being money grabbing liars.

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Daniel Janner QC Pic credit: http://www.regulatorycriminallawyers.co.uk

Now Janner is a prominent criminal lawyer. If you look at his entry in the Birmingham based No 8 chambers here you will see he has formidable record.

As the entry says: “High profile cases include:The Heysel Stadium football extraditions; The Knightsbridge Safety Deposit box robbery; Oyston and Martin rape trials; French student murder trial; “Happy slap” murder trial; London City Bond fraud trial; Gouldbourne Cayman Islands murder; McGrath money laundering; Cleeve Prior missing body murder; Lord of Fraud, Rodley trials.”

He also has defended a former headmaster against allegations of historic child sex abuse.

Therefore it is rather surprising as a QC that he  has decided that his father is totally innocent given that the Crown Prosecution Service, while rejecting the need for trial just before his death on medical grounds, concluded in 2015 that  “the evidential test was passed on the basis that the evidence is sufficient to have warranted charging and prosecuting Lord Janner in relation to the particular charges”.

A further independent investigation by Sir Richard Henriques into allegations against Janner concluded: ” I am satisfied that, in 1991, there was a sufficiency of evidence for a prosecution to be commenced against Janner for offences of indecent assault and buggery with Complainant 1.”

And ” Had the statement of Complainant 2 been forwarded to the CPS, there was, in my judgement, a sufficiency of evidence to commence a prosecution against Janner, in 2002, for indecent assault and buggery both with Complainant 1 and Complainant 2.”

and

” In my opinion there was sufficient evidence to provide a realistic prospect of conviction in 2007, and Janner should have been arrested and interviewed and his home searched.  He should have been charged with offences of indecent assault and buggery with Complainant 1, Complainant 2 and Complainant 3.”

Finally there is the investigation by the police watchdog into the failure of the police investigation into Janner. The Independent Police Complaints Commission (IPCC) said it had served criminal and gross misconduct notices on 11 individuals in July.

Now if we are to believe Daniel Janner these respected bodies and Sir Richard have been taken in by lying child sex abuse survivors and must be (though I am sure he wouldn’t use such language ” a load of gullible twats.”

By saying that as Janner was not convicted of anything he shouldn’t be investigated by the Jay inquiry he also raises another question. Logically neither should Sir Cyril Smith nor Jimmy Savile be investigated because they can’t defend themselves and all allegations against them should be dismissed and forgotten. This puts him firmly in the camp of those who say really there is no such thing as any widespread child sex abuse and  an ideal advocate for the Justice for  Jimmy Savile  website which believes he is innocent.

I am aware the Janner allegations are highly controversial. Some like a former researcher  I interviewed who worked closely with Janner on Holocaust issues would 100 per cent concur with Daniel.

Another researcher  who worked for him had deep suspicions though no proof but told a story about a colleague  remarkably similar to one reported in the Jewish Chronicle this August. Only in this case Mr Janner did take the young man down to the sauna.

Whatever happens the Jay inquiry does need to look at Janner as part of its institutional abuse inquiry. There is too much smoke around to dismiss this particular fire.